Please be advised that this article is specific to New Jersey which has one of the toughest set of Domestic Violence laws. For example, final restraining orders (FRO) in New Jersey do no expire, unlike other states. Thus, the word final really means final. An FRO will only be dismissed upon application by either party. If no one files a motion, it …show more content…
Instead, its a 50/50 hybrid of the two. Thus, in my opinion, if you only have an attorney that handles one of those areas of the law, you only have half an attorney. Quite often, restraining orders in New Jersey are accompanied by both a criminal complaint as well as a divorce complaint or some other family court action. The restraining order case will almost always be heard first. The right moves in that case will likely impact the other cases.
I have seen criminal defense attorneys explain to the court that they are really not in a position to deal with the custody, visitation and child support issues because the client has another attorney for those issues and the attorney handling the restraining order case is clueless when it comes to those issues. Sometimes, the family court issues can be an integral part of settling or winning the case but if your attorney cannot address these issues, you are seriously prejudicing all of your